Draft Motor Fuel Price (Open Data) Regulations 2025 Debate
Full Debate: Read Full DebateGreg Smith
Main Page: Greg Smith (Conservative - Mid Buckinghamshire)Department Debates - View all Greg Smith's debates with the Department for Energy Security & Net Zero
(1 day, 11 hours ago)
General CommitteesIt is a pleasure to serve under your chairmanship this afternoon, Ms Lewell. His Majesty’s official Opposition recognise the urgent need for transparency in the fuel market, something the former Secretary of State, my right hon. Friend the Member for East Surrey (Claire Coutinho), took significant steps towards under the previous Government through the introduction of Pumpwatch—now called Fuel Finder—which received Royal Assent in 2024. That went alongside the work of Howard Cox from FairFuelUK, whose persistence has been instrumental in pushing for progress through 15 years of research into fuel pricing.
The regulations require every fuel station to register with the Government’s appointed data aggregator and report any change in pump prices within 30 minutes. That data must then be made openly available, free of charge, for use by third-party apps, navigation systems and consumer groups. The aim, as the previous Conservative Government set out, is to allow motorists to see in real time who is offering the best price in their area, enabling genuine competition across the fuel market. Fuel Finder is not a bold new idea from the Labour Benches. It is a continuation, albeit a delayed and diluted one, of the Conservative commitment to ensure that motorists can finally see in real time who is charging what and where. This is a rebrand, not a positive policy change.
It was the Conservatives who commissioned the Competition and Markets Authority’s landmark investigation into road fuel pricing, which revealed that retailers were increasing margins at the expense of consumers. The study showed that average supermarket fuel margins had risen by around 6p per litre since 2019 and that a typical family driving a car could save up to £4.50 a tank by driving just a few minutes further to a cheaper station. It exposed a market that was not functioning as it should—one where falling wholesale costs were not being passed on to consumers and where, in some cases, motorists on motorways were paying 20p plus more per litre than they needed to.
There are several areas where the Government fall short, starting with margin transparency. Motorists will see today’s prices, but not how they have changed over time, nor whether any increase reflects market forces or simply wider retailer margins. The CMA’s evidence shows that it is precisely those margins that have driven up prices in recent years. Without addressing margin transparency, the real cause of the problem remains hidden. Across Europe, in Austria, Germany, France, Italy and Spain, Governments publish not only live pump prices, but also historical and margin data, allowing drivers and regulators to see whether retailers are passing on savings or quietly padding profit. By comparison, this Government’s fuel finder offers only partial transparency. It tells motorists where fuel is cheapest today, but not whether the price is fair.
The Opposition also object to the lack of a legal requirement for fuel stations to report when a fuel type is unavailable. Drivers need to know not only the cost of a litre of petrol or diesel, but whether diesel or petrol will actually be available when they get there. Making that optional undermines the very purpose of transparency.
Enforcement is also left vague. The CMA has powers to issue civil penalties and pursue criminal sanctions, but the Government have not set clear thresholds or standards for when those powers will apply. Nor have they addressed the risk that some operators may plead technical failure or poor connectivity as an excuse for not reporting prices promptly. That kind of leniency invites abuse. If the Government truly want transparency, they must ensure that IT issues cannot be used as a standing excuse for non-compliance.
The same potential penalties—up to 1% of global turnover or 5% of daily turnover per day—apply to all data reporting obligations under this legislation. While sanctions for non-compliance in price reporting were anticipated, it is notable that the same provisions extend to non-price data. The Association of Convenience Stores, for example, has raised concerns that this could include reporting on the availability of coffee machines, baby changing facilities and even microwaves. I am sure people do want to know if such things are available, but we believe that level of reporting goes beyond the original policy intent and imposes unnecessary burdens on retailers already facing significant compliance pressures.
Furthermore, there has been no formal engagement with industry ahead of publishing the non-price data requirements. With the obligation to report on 30 additional categories, that introduces unnecessary cost and complexity for retailers, not only during the initial registration window which runs from 18 December to 2 February, but also on an ongoing basis, given the requirement under the regulations to update information within three days. That directly contradicts the Government’s own target of reducing the regulatory burden by 25%, penalising businesses that are already operating in a challenging economy and diverting resources away from delivering value and service to consumers.
Then there is the question of smaller, rural fuel stations like those in constituencies like, to pick one at random, mine of Mid-Buckinghamshire. The regulations are set out to apply universally but there is little evidence the Government have considered the burden on low volume operators, or how those will be supported to comply. Transparency should not come at the cost of driving independent rural stations out of business.
Finally, we must look at timing. The Government intend to launch Fuel Finder by the end of this year, two years after the CMA’s recommendation and a year later than originally planned under the previous Conservative Government. For motorists already struggling with record living costs and high fuel prices under this Government, progress has been far too slow. Every month of delay means that families continue to overpay at the pump and competition remains weaker than it should be.
The Opposition do support the principle of open data for fuel prices. We welcome the continuation of a Conservative policy that sought to bring transparency for drivers, encourage competition and deliver accountability in a sector that too often escapes scrutiny. But we will not let the Government claim credit for a policy that they did not originate, nor overlook that its implementation has been slow, cautious and incomplete. Conservatives began this work and in opposition we will continue to press for its full and timely delivery for fuel, with stronger enforcement, real transparency and genuine competition for every motorist in Britain. I hope that when the Minister concludes this debate he can address some of the shortcomings I have highlighted this afternoon.
Martin McCluskey
That was detailed, if nothing else. It is refreshing to hear those on the Conservative Benches back their own policies in opposition. At the moment in my brief, I am more used to hearing Conservative Front Benchers disavow the policies of the previous Government in my Department. The shadow Energy Secretary could learn from this breakout of consensus.
I will begin by responding to the points of the spokesperson for the official Opposition, the hon. Member for Mid Buckinghamshire. If I neglect to answer any of those points, he should please intervene to remind me of anything I did not scribble down quickly enough.
The CMA annual report will address margin transparency and the other issues that he laid out. It would likely be quite difficult to put margin transparency in place in the current scheme until we have Fuel Finder operational, but it will be included in the CMA’s annual report. On the legal requirement around whether or not fuel is available at a particular filling station, that point was raised during the consultation and examined by officials. A thorough analysis was done of how easy, or not, it would be to collect that information. The determination was made that, although the request for inclusion is well intentioned—and I can understand it; it would be useful information—it would be very technically difficult to include it on a real-time basis in the scheme, which could potentially undermine a lot of the other measures that we are trying to ensure as part of the scheme. On enforcement, I would point the hon. Member towards part 6 of the instrument, which gives details on enforcement. I do not share the hon. Member’s concerns.
Concerns were raised about amenities. It is clear, both from what the CMA has already published and from the impact assessment and explanatory memorandum, that a proportionate approach will be taken to any enforcement, on a case-by-case basis. The published guidance has been clear about that, which hopefully reassures those who have raised concerns about the amenities being included. We are, and have been, actively engaging on amenities, but it is also important to note that amenities were consulted on as part of the consultation exercise that was undertaken, so it is not quite right to say that there has been no consultation with industry on this point.
The Minister has said that there needs to be proportionality, but he supports some of the other amenities being reported on. If it is possible for any fuel retailer to say whether they have a current working coffee machine or microwave, how is it not possible to report on whether they have any petrol or diesel in the tanks?
Martin McCluskey
That is why we are, and will continue to be, in constant engagement with industry on amenities.
Let me address the points made by the right hon. Member for Melton and Syston. The rationale for worldwide turnover is commonly understood, and already used within the industry. That is why that measure was selected. On the concerns around rurality, there will be other mechanisms for people to feed in that do not rely on, for example, an internet connection. People will be able to text the price in real time, and able to use a telephone service—though we do not actually think that there will be an issue with wi-fi, because lots of rural fuel stations will use wi-fi for their payment systems.
VE3 Global was appointed as the successful supplier to become the aggregator of Fuel Finder. VE3 Global specialises in digital transformation, data aggregation and cloud-based solutions, so it has lots of experience in this area. The right hon. Member also asked a final question on guidance. We will publish the guidance and training before the whole programme is rolled out, so that people can have some certainty and assistance. As I said, we understand that this is a change for businesses, and certainly represents a change to business as usual, so we want to make sure that people are properly guided and trained.
I thank hon. Members for their valuable contributions to the debate and the questions they raised. I also thank the Lib Dem spokesperson for her support of the statutory instrument. I conclude by reaffirming our commitment to creating a firm and transparent UK road fuel market. Now more than ever we need to protect households and businesses from pricing practices and deliver change to reverse the sharp spikes in road fuel prices in recent years. I commend the draft regulations to the Committee.
Question put and agreed to.